Bill Text: NY A06130 | 2011-2012 | General Assembly | Introduced


Bill Title: Enacts the "New York State fair pay act"; provides that it shall be an unlawful employment practice for an employer to discriminate between employees on the basis of sex, race and/or national origin by paying different wages.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Engrossed - Dead) 2012-04-18 - REFERRED TO LABOR [A06130 Detail]

Download: New_York-2011-A06130-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6130
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 8, 2011
                                      ___________
       Introduced  by  M.  of  A.  WRIGHT,  COLTON, CAHILL, LANCMAN, N. RIVERA,
         ROSENTHAL, LUPARDO -- Multi-Sponsored by -- M.  of  A.  BING,  CUSICK,
         DESTITO,  GOTTFRIED, GUNTHER, JACOBS, LIFTON, MAGNARELLI, RAMOS, WEIN-
         STEIN -- read once and referred to the Committee on Labor
       AN ACT to amend the labor law, in relation to  enacting  the  "New  York
         state fair pay act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The labor law is amended by adding a new article 21 to read
    2  as follows:
    3                                  ARTICLE 21
    4                         NEW YORK STATE FAIR PAY ACT
    5  SECTION 750. SHORT TITLE.
    6          751. FINDINGS AND STATEMENT OF PURPOSE.
    7          752. DEFINITIONS.
    8          753. PROHIBITION AGAINST DISCRIMINATION IN WAGES.
    9          754. OTHER PROHIBITED ACTS.
   10          755. WAGE DISCLOSURE, RECORDKEEPING, AND REPORTING REQUIREMENTS.
   11          756. REMEDIES AND ENFORCEMENT.
   12          757. REGULATIONS.
   13    S 750. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE  CITED  AS  THE
   14  "NEW YORK STATE FAIR PAY ACT".
   15    S  751.  FINDINGS  AND STATEMENT OF PURPOSE. (A) THE LEGISLATURE FINDS
   16  THE FOLLOWING:
   17    (1) DESPITE FEDERAL AND STATE LAWS BANNING DISCRIMINATION  IN  EMPLOY-
   18  MENT  AND PAY, IN BOTH THE PRIVATE AND PUBLIC SECTOR, WAGE DIFFERENTIALS
   19  PERSIST BETWEEN WOMEN AND MEN AND BETWEEN MINORITIES AND  NON-MINORITIES
   20  IN THE SAME JOBS AND IN JOBS THAT ARE DISSIMILAR BUT THAT REQUIRE EQUIV-
   21  ALENT  COMPOSITES  OF  SKILL,  EFFORT, RESPONSIBILITY AND WORKING CONDI-
   22  TIONS;
   23    (2) THE EXISTENCE OF SUCH WAGE DIFFERENTIALS--
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06280-01-1
       A. 6130                             2
    1    (A) DEPRESSES WAGES AND LIVING STANDARDS FOR EMPLOYEES  NECESSARY  FOR
    2  THEIR HEALTH AND EFFICIENCY;
    3    (B) REDUCES FAMILY INCOMES AND CONTRIBUTES TO THE HIGHER POVERTY RATES
    4  AMONG FEMALE-HEADED AND MINORITY HOUSEHOLDS;
    5    (C) PREVENTS THE MAXIMUM UTILIZATION OF THE AVAILABLE LABOR RESOURCES;
    6    (D)  TENDS  TO CAUSE LABOR DISPUTES, THEREBY BURDENING, AFFECTING, AND
    7  OBSTRUCTING COMMERCE;
    8    (E) CONSTITUTES AN UNFAIR METHOD OF COMPETITION; AND
    9    (F) VIOLATES THE STATE'S PUBLIC POLICY AGAINST DISCRIMINATION;
   10    (3) DISCRIMINATION IN WAGE-SETTING PRACTICES  HAS  PLAYED  A  ROLE  IN
   11  DEPRESSING WAGES FOR WOMEN AND MINORITIES GENERALLY;
   12    (4)  MANY  INDIVIDUALS WORK IN OCCUPATIONS THAT ARE DOMINATED BY INDI-
   13  VIDUALS OF THEIR SAME SEX, RACE, AND/OR NATIONAL ORIGIN,  AND  DISCRIMI-
   14  NATION  IN  HIRING,  JOB  ASSIGNMENT  AND PROMOTION HAS PLAYED A ROLE IN
   15  ESTABLISHING AND MAINTAINING SEGREGATED WORK FORCES;
   16    (5) ELIMINATING DISCRIMINATION IN COMPENSATION BASED ON SEX, RACE  AND
   17  NATIONAL ORIGIN WOULD HAVE POSITIVE EFFECTS, INCLUDING--
   18    (A) PROVIDING A SOLUTION TO PROBLEMS IN THE ECONOMY CREATED BY DISCRI-
   19  MINATORY WAGE DIFFERENTIALS;
   20    (B)  REDUCING  THE NUMBER OF WORKING WOMEN AND PEOPLE OF COLOR EARNING
   21  LOW WAGES, THEREBY LOWERING THEIR INCIDENCE  OF  POVERTY  DURING  NORMAL
   22  WORKING YEARS AND IN RETIREMENT; AND
   23    (C) PROMOTING STABLE FAMILIES BY RAISING FAMILY INCOMES.
   24    (B)  IT  IS  THE  PURPOSE OF THIS ARTICLE TO CORRECT AND AS RAPIDLY AS
   25  PRACTICABLE TO ELIMINATE DISCRIMINATORY WAGE  PRACTICES  BASED  ON  SEX,
   26  RACE AND/OR NATIONAL ORIGIN.
   27    S  752.  DEFINITIONS.  (A)  THE  TERM "EMPLOY" SHALL MEAN TO SUFFER OR
   28  PERMIT TO WORK.
   29    (B) THE TERM "EMPLOYEE" SHALL MEAN ANY PERSON EMPLOYED BY AN  EMPLOYER
   30  AND  INCLUDES  ALL OF AN EMPLOYER'S PERMANENT EMPLOYEES, WHETHER WORKING
   31  FULL-TIME OR PART-TIME,  AND  ANY  TEMPORARY  EMPLOYEE  EMPLOYED  BY  AN
   32  EMPLOYER  FOR  A  PERIOD OF AT LEAST THREE MONTHS.  "EMPLOYEE" SHALL NOT
   33  INCLUDE ANY INDIVIDUAL EMPLOYED BY HIS OR HER PARENTS, SPOUSE OR CHILD.
   34    (C) THE TERM "EMPLOYER" SHALL MEAN ANY PERSON  WHO  EMPLOYS  THREE  OR
   35  MORE PERSONS AND INCLUDES THE STATE AND ALL POLITICAL SUBDIVISIONS THER-
   36  EOF.
   37    (D)  THE  TERM  "EQUIVALENT  JOBS"  MEANS JOBS OR OCCUPATIONS THAT ARE
   38  EQUAL WITHIN THE MEANING OF  THE  EQUAL  PAY  ACT  OF  1963,  29  U.S.C.
   39  206(D),  OR  JOBS  OR OCCUPATIONS THAT ARE DISSIMILAR BUT WHOSE REQUIRE-
   40  MENTS ARE EQUIVALENT, WHEN VIEWED AS  A  COMPOSITE  OF  SKILLS,  EFFORT,
   41  RESPONSIBILITY  AND  WORKING CONDITIONS.   EQUIVALENCY OF SKILL, EFFORT,
   42  RESPONSIBILITY AND WORKING CONDITIONS SHALL BE DETERMINED  BY  UTILIZING
   43  JOB  COMPARISON METHODOLOGIES THAT DO NOT IGNORE OR UNDERVALUE THE WORTH
   44  OF JOBS WHERE WOMEN AND MINORITIES ARE DISPROPORTIONATELY REPRESENTED.
   45    (E) THE TERM "PERSON" SHALL MEAN ONE  OR  MORE  INDIVIDUALS,  PARTNER-
   46  SHIPS,  ASSOCIATIONS,  CORPORATIONS,  LIMITED LIABILITY COMPANIES, LEGAL
   47  REPRESENTATIVES, TRUSTEES, TRUSTEES IN  BANKRUPTCY,  RECEIVERS  AND  THE
   48  STATE AND ALL POLITICAL SUBDIVISIONS AND AGENCIES THEREOF.
   49    (F)  THE  TERM  "LABOR  ORGANIZATION" SHALL MEAN ANY ORGANIZATION THAT
   50  EXISTS FOR THE PURPOSE, IN WHOLE OR PART, OF COLLECTIVE BARGAINING OR OF
   51  DEALING WITH EMPLOYERS CONCERNING GRIEVANCES,  TERMS  OF  CONDITIONS  OF
   52  EMPLOYMENT,  OR  OF  OTHER  MUTUAL  AID OR PROTECTION IN CONNECTION WITH
   53  EMPLOYMENT.
   54    (G) THE TERM "MARKET RATES" SHALL MEAN THE RATES THAT EMPLOYERS WITHIN
   55  A PRESCRIBED GEOGRAPHIC AREA ACTUALLY PAY, OR ARE REPORTED  TO  PAY  FOR
       A. 6130                             3
    1  SPECIFIC  JOBS,  AS  DETERMINED  BY  FORMAL  OR  INFORMAL  SURVEYS, WAGE
    2  STUDIES, OR OTHER MEANS.
    3    (H)  THE  TERM "WAGES" AND WAGE "RATES" SHALL INCLUDE ALL COMPENSATION
    4  IN ANY FORM THAN AN EMPLOYER PROVIDES TO EMPLOYEES IN PAYMENT  FOR  WORK
    5  DONE OR SERVICES RENDERED, INCLUDING BUT NOT LIMITED TO BASE PAY, BONUS-
    6  ES,  COMMISSIONS, AWARDS, TIPS, OR VARIOUS FORMS OF NON-MONETARY COMPEN-
    7  SATION IF PROVIDED IN LIEU OF OR IN ADDITION  TO  MONETARY  COMPENSATION
    8  AND THAT HAVE ECONOMIC VALUE TO AN EMPLOYEE.
    9    S 753. PROHIBITION AGAINST DISCRIMINATION IN WAGES. (A) IT SHALL BE AN
   10  UNLAWFUL EMPLOYMENT PRACTICE IN VIOLATION OF THIS ARTICLE FOR AN EMPLOY-
   11  ER  TO  DISCRIMINATE  BETWEEN EMPLOYEES ON THE BASIS OF SEX, RACE AND/OR
   12  NATIONAL ORIGIN BY:
   13    (1) PAYING WAGES TO EMPLOYEES AT A RATE LESS THAN  THE  RATE  PAID  TO
   14  EMPLOYEES  OF THE OPPOSITE SEX OR OF A DIFFERENT RACE OR NATIONAL ORIGIN
   15  FOR WORK IN EQUIVALENT JOBS; AND/OR
   16    (2) PAYING WAGES TO EMPLOYEES IN A JOB THAT IS DOMINATED BY  EMPLOYEES
   17  OF  A  PARTICULAR  SEX,  RACE OR NATIONAL ORIGIN AT A RATE LESS THAN THE
   18  RATE AT WHICH SUCH EMPLOYER PAYS TO EMPLOYEES IN  ANOTHER  JOB  THAT  IS
   19  DOMINATED  BY  EMPLOYEES  OF  THE OPPOSITE SEX OR OF A DIFFERENT RACE OR
   20  NATIONAL ORIGIN, FOR WORK ON EQUIVALENT JOBS.
   21    (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
   22  IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER  TO  PAY
   23  DIFFERENT WAGE RATES TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE PURSUANT
   24  TO:
   25    (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
   26    (2)  A  SYSTEM  THAT  MEASURES  EARNINGS  BY  QUANTITY  OR  QUALITY OF
   27  PRODUCTION, OR
   28    (3) ANY BONA FIDE FACTOR OTHER THAN SEX,  RACE,  OR  NATIONAL  ORIGIN,
   29  PROVIDED, HOWEVER, THAT WAGE DIFFERENTIALS BASED ON VARYING MARKET RATES
   30  FOR  EQUIVALENT  JOBS OR THE DIFFERING ECONOMIC BENEFITS TO THE EMPLOYER
   31  OF EQUIVALENT JOBS SHALL NOT BE CONSIDERED DIFFERENTIALS BASED  ON  BONA
   32  FIDE FACTORS OTHER THAN SEX, RACE OR NATIONAL ORIGIN.
   33    (C) AN EMPLOYER WHO IS PAYING WAGES IN VIOLATION OF THIS SECTION SHALL
   34  NOT,  IN ORDER TO COMPLY WITH THE PROVISIONS OF THIS SECTION, REDUCE THE
   35  WAGE OF ANY EMPLOYEE.
   36    (D) NO LABOR ORGANIZATION OR ITS AGENTS REPRESENTING EMPLOYEES  OF  AN
   37  EMPLOYER HAVING EMPLOYEES SUBJECT TO ANY PROVISION OF THIS CHAPTER SHALL
   38  CAUSE  OR  ATTEMPT  TO CAUSE SUCH AN EMPLOYER TO DISCRIMINATE AGAINST AN
   39  EMPLOYEE IN VIOLATION OF SUBDIVISION (A) OF THIS SECTION.
   40    (E) (1) THE DEPARTMENT SHALL  PROMULGATE  REGULATIONS  SPECIFYING  THE
   41  CRITERIA  FOR  DETERMINING  WHETHER A JOB IS DOMINATED BY EMPLOYEES OF A
   42  PARTICULAR SEX, RACE, OR NATIONAL ORIGIN. CRITERIA  SHALL  INCLUDE,  BUT
   43  NOT BE LIMITED TO, FACTORS SUCH AS WHETHER THE JOB HAS EVER BEEN FORMAL-
   44  LY  CLASSIFIED AS OR TRADITIONALLY CONSIDERED TO BE A "MALE" OR "FEMALE"
   45  OR "WHITE" OR "MINORITY" JOB; WHETHER THERE IS A  HISTORY  OF  DISCRIMI-
   46  NATION  AGAINST  WOMEN  AND/OR  PEOPLE  OF  COLOR  WITH REGARD TO WAGES,
   47  ASSIGNMENT OR ACCESS TO JOBS, OR OTHER TERMS AND CONDITIONS  OF  EMPLOY-
   48  MENT;  AND  THE  DEMOGRAPHIC COMPOSITION OF THE WORK FORCE IN EQUIVALENT
   49  JOBS E.G., NUMBERS OR PERCENTAGES  OF  WOMEN,  MEN,  WHITE  PERSONS  AND
   50  PEOPLE OF COLOR.  THE REGULATIONS SHALL NOT INCLUDE A LIST OF JOBS.
   51    (2) THE DEPARTMENT SHALL PROMULGATE REGULATIONS SPECIFYING THE METHOD-
   52  OLOGY FOR DETERMINING EQUIVALENT SKILL, EFFORT, RESPONSIBILITY AND WORK-
   53  ING  CONDITIONS.  ANY  METHODOLOGY  PRESCRIBED  BY  THE DEPARTMENT SHALL
   54  ENSURE THAT COMPARISON SYSTEMS DO NOT IGNORE OR UNDERVALUE THE WORTH  OF
   55  JOBS WHERE WOMEN AND MINORITIES ARE DISPROPORTIONATELY REPRESENTED.
       A. 6130                             4
    1    (3)  THE  EQUIVALENCE  OF  JOBS DOMINATED BY EMPLOYEES OF A PARTICULAR
    2  SEX, RACE OR NATIONAL ORIGIN RELATIVE TO JOBS DOMINATED BY EMPLOYEES  OF
    3  THE  OPPOSITE  SEX  OR OF A DIFFERENT RACE OR ORIGIN WILL BE ESTABLISHED
    4  THROUGH THE APPLICATION OF A SINGLE JOB COMPARISON SYSTEM THAT DOES  NOT
    5  SYSTEMATICALLY  IGNORE  OR  UNDERVALUE  THE JOB CONTENT OF TRADITIONALLY
    6  FEMALE AND MINORITY JOBS.
    7    S 754. OTHER PROHIBITED ACTS. IT SHALL BE AN UNLAWFUL EMPLOYMENT PRAC-
    8  TICE IN VIOLATION OF THIS ARTICLE FOR AN EMPLOYER:
    9    (A) TO TAKE ADVERSE ACTIONS  OR  OTHERWISE  DISCRIMINATE  AGAINST  ANY
   10  INDIVIDUAL  BECAUSE SUCH INDIVIDUAL HAS OPPOSED ANY ACT OR PRACTICE MADE
   11  UNLAWFUL BY THIS ARTICLE, HAS SOUGHT TO ENFORCE RIGHTS  PROTECTED  UNDER
   12  THIS  ARTICLE, OR HAS TESTIFIED, ASSISTED, OR PARTICIPATED IN ANY MANNER
   13  IN AN INVESTIGATION, HEARING, OR OTHER PROCEEDING TO ENFORCE THIS  ARTI-
   14  CLE; OR
   15    (B)  TO DISCHARGE OR IN ANY OTHER MANNER DISCRIMINATE AGAINST, COERCE,
   16  INTIMIDATE, THREATEN, OR INTERFERE WITH ANY EMPLOYEE OR ANY OTHER PERSON
   17  BECAUSE THE EMPLOYEE INQUIRED ABOUT, DISCLOSED, COMPARED,  OR  OTHERWISE
   18  DISCUSSED  THE  EMPLOYEE'S  WAGES OR THE WAGES OF ANY OTHER EMPLOYEE, OR
   19  BECAUSE THE EMPLOYEE EXERCISED, ENJOYED, AIDED, OR ENCOURAGED ANY  OTHER
   20  PERSON TO EXERCISE OR ENJOY ANY RIGHT GRANTED OR PROTECTED BY THIS ARTI-
   21  CLE.
   22    S 755. WAGE DISCLOSURE, RECORDKEEPING, AND REPORTING REQUIREMENTS. (A)
   23  UPON  COMMENCEMENT  OF  AN INDIVIDUAL'S EMPLOYMENT AND AT LEAST ANNUALLY
   24  THEREAFTER, EVERY EMPLOYER SUBJECT TO THIS ARTICLE SHALL PROVIDE TO EACH
   25  EMPLOYEE A WRITTEN STATEMENT SUFFICIENT TO INFORM THE EMPLOYEE OF HIS OR
   26  HER JOB TITLE, WAGE RATE, AND HOW THE WAGE IS  CALCULATED.  THIS  NOTICE
   27  SHALL  BE SUPPLEMENTED WHENEVER AN EMPLOYEE IS PROMOTED OR REASSIGNED TO
   28  A DIFFERENT POSITION WITH THE  EMPLOYER,  PROVIDED,  HOWEVER,  THAT  THE
   29  EMPLOYER  IS NOT REQUIRED TO ISSUE SUPPLEMENTAL NOTIFICATIONS FOR TEMPO-
   30  RARY REASSIGNMENTS THAT ARE NO GREATER THAN THREE MONTHS IN DURATION.
   31    (B) EVERY EMPLOYER SUBJECT TO THIS ARTICLE  SHALL  MAKE  AND  PRESERVE
   32  RECORDS  THAT DOCUMENT THE WAGES PAID TO EMPLOYEES AND THAT DOCUMENT AND
   33  SUPPORT THE METHOD, SYSTEM, CALCULATIONS, AND OTHER BASES USED TO ESTAB-
   34  LISH, ADJUST, AND DETERMINE THE  WAGE  RATES  PAID  TO  SAID  EMPLOYER'S
   35  EMPLOYEES.  EVERY  EMPLOYER  SUBJECT TO THIS ARTICLE SHALL PRESERVE SUCH
   36  RECORDS FOR SUCH PERIODS OF TIME AND SHALL MAKE SUCH  REPORTS  FROM  THE
   37  RECORDS AS SHALL BE PRESCRIBED BY REGULATION OF THE DEPARTMENT.
   38    (C)  THE  REGULATIONS  PROMULGATED UNDER THIS ARTICLE, RELATING TO THE
   39  FORM OF REPORTS REQUIRED BY  SUBDIVISION  (B)  OF  THIS  SECTION,  SHALL
   40  PROVIDE  FOR  PROTECTION  OF THE CONFIDENTIALITY OF EMPLOYEES, AND SHALL
   41  EXPRESSLY REQUIRE THAT REPORTS SHALL NOT  INCLUDE  THE  NAMES  OR  OTHER
   42  IDENTIFYING  INFORMATION FROM WHICH READERS COULD DISCERN THE IDENTITIES
   43  OF EMPLOYEES. THE  REGULATIONS  MAY  ALSO  IDENTIFY  CIRCUMSTANCES  THAT
   44  WARRANT  A PROHIBITION ON DISCLOSURE OF REPORTS OR INFORMATION IDENTIFY-
   45  ING THE EMPLOYER.
   46    (D) THE DEPARTMENT MAY USE THE INFORMATION AND DATA IT COLLECTS PURSU-
   47  ANT TO SUBDIVISION (B) OF THIS  SECTION  FOR  STATISTICAL  AND  RESEARCH
   48  PURPOSES,  AND  MAY COMPILE AND PUBLISH SUCH STUDIES, ANALYSES, REPORTS,
   49  AND SURVEYS BASED ON THE INFORMATION AND DATA, AS IT MAY CONSIDER APPRO-
   50  PRIATE.
   51    S 756. REMEDIES AND ENFORCEMENT. (A) (1) IN  ANY  ACTION  IN  WHICH  A
   52  COURT OR JURY FINDS THAT AN EMPLOYER HAS ENGAGED IN ACTS IN VIOLATION OF
   53  THIS  ARTICLE, THE COURT OR JURY SHALL AWARD TO ANY AFFECTED EMPLOYEE OR
   54  EMPLOYEES MONETARY RELIEF, INCLUDING BACK PAY IN AN AMOUNT EQUAL TO  THE
   55  DIFFERENCE  BETWEEN THE EMPLOYEE'S ACTUAL EARNINGS AND WHAT THE EMPLOYEE
       A. 6130                             5
    1  WOULD HAVE EARNED BUT FOR THE  EMPLOYER'S  UNLAWFUL  PRACTICES,  AND  AN
    2  ADDITIONAL AMOUNT IN COMPENSATORY AND PUNITIVE DAMAGES, AS APPROPRIATE.
    3    (2)  IN ANY ACTION IN WHICH A COURT OR JURY FINDS THAT AN EMPLOYER HAS
    4  ENGAGED IN ACTS IN VIOLATION OF THIS ARTICLE, THE COURT SHALL ENJOIN THE
    5  EMPLOYER FROM CONTINUING TO DISCRIMINATE AGAINST AFFECTED EMPLOYEES  AND
    6  SHALL DIRECT THE EMPLOYER TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
    7  AND  MAY ORDER THE EMPLOYER TO TAKE SUCH ADDITIONAL AFFIRMATIVE STEPS AS
    8  ARE NECESSARY, INCLUDING REINSTATEMENT OR RECLASSIFICATION  OF  AFFECTED
    9  WORKERS, TO ENSURE AN END TO UNLAWFUL DISCRIMINATION.
   10    (3)  IN  ANY ACTION IN WHICH AN AFFECTED EMPLOYEE OR EMPLOYEES PREVAIL
   11  IN THEIR CLAIMS AGAINST EMPLOYERS, THE COURT SHALL, IN ADDITION  TO  ANY
   12  JUDGMENT  AWARDED  TO THE PLAINTIFFS, ALLOW A REASONABLE ATTORNEY'S FEE,
   13  REASONABLE EXPERT WITNESS FEES, AND OTHER COSTS OF THE ACTION TO BE PAID
   14  BY THE EMPLOYER.
   15    (B)  (1)  AN  ACTION  TO  RECOVER  THE  DAMAGES  OR  EQUITABLE  RELIEF
   16  PRESCRIBED  IN SUBDIVISION (A) OF THIS SECTION MAY BE MAINTAINED AGAINST
   17  ANY EMPLOYER IN ANY COURT OF COMPETENT JURISDICTION BY ANY ONE  OR  MORE
   18  EMPLOYEES OR THEIR REPRESENTATIVE FOR OR ON BEHALF OF:
   19    (A) THE EMPLOYEES; OR
   20    (B) THE EMPLOYEES AND OTHER EMPLOYEES SIMILARLY SITUATED.
   21    (2)  (A)  THE  DEPARTMENT  SHALL  RECEIVE, INVESTIGATE, AND ATTEMPT TO
   22  RESOLVE COMPLAINTS OF VIOLATIONS OF THIS ARTICLE.
   23    (B) IN THE EVENT THE DEPARTMENT IS UNABLE TO REACH A VOLUNTARY  RESOL-
   24  UTION  OF A COMPLAINT FILED UNDER THIS ARTICLE, THE DEPARTMENT MAY BRING
   25  AN ACTION IN ANY COURT OF COMPETENT JURISDICTION TO RECOVER THE  EQUITA-
   26  BLE AND MONETARY RELIEF DESCRIBED IN SUBDIVISION (A) OF THIS SECTION.
   27    (C)  ANY  SUMS  RECOVERED BY THE DEPARTMENT PURSUANT TO THIS PARAGRAPH
   28  SHALL BE PAID DIRECTLY TO  EACH  EMPLOYEE  AFFECTED  BY  THE  EMPLOYER'S
   29  UNLAWFUL ACTS.
   30    S 757. REGULATIONS. THE DEPARTMENT SHALL PRESCRIBE SUCH REGULATIONS AS
   31  ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE NOT LATER THAN
   32  ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   33    S  2.  This  act shall take effect on the ninetieth day after it shall
   34  have become a law; provided that the commissioner of labor shall promul-
   35  gate rules and regulations necessary to  effectuate  the  provisions  of
   36  this act prior to such effective date.
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